national restaurant association • restaurantdiscoverlink.com/wp-content/uploads/2017/04/... ·...
TRANSCRIPT
National Restaurant Association • Restaurant.org National Restaurant Association • Restaurant.org 1
National Restaurant Association • Restaurant.org National Restaurant Association • Restaurant.org
Employer/Employee Policy
& Politics in the Trump Era
2
Stephanie Childs, Vice President of Policy,
National Restaurant Association
Shannon Meade, Director, Labor and Workforce
Policy, National Restaurant Association
National Restaurant Association • Restaurant.org
Overview • Political Landscape
– Election
– House; Senate
• Trump Administration 1st 100 Days
– Regulatory Rollback and Reform
– Executive Orders
• Federal Labor and Workforce Issues
– Healthcare
– Overtime
– Joint Employer
– Immigration Reform
• Key Players
– Alexander Acosta, Nominee for Secretary of U.S. Department of Labor
– Tom Price, Secretary, U.S. Department of Health and Human Services
– Phil Miscimarra, Chairman, National Labor Relations Board
• Trends in Key States
– Minimum Wage
– Restrictive Scheduling
3
National Restaurant Association • Restaurant.org
US Senate – 114th Congress v. 115th
Congress
■ Democrats ■ Republicans ■ Independents
44 54
Control of the 114th Senate (2014-2016)
Control of the 115th Senate (2016-2018)
46 52
Republican Senate Majority
Republican Senate Majority
44-2-54 46-2-52
National Restaurant Association • Restaurant.org
US House - 114th Congress v. 115th
Congress
186-246 194-241
■ Democrats ■ Republicans ■ Independents Vacant
Control of the 114th House (2014-2016)
Control of the 115th House (2016-2018)
Republican House Majority
Republican House Majority
218 Needed for Majority
218 Needed for Majority
5
National Restaurant Association • Restaurant.org
President Trump’s Plan
6
Trade
Issue notification of intent to withdraw from TPP. Negotiate
fair, bilateral trade deals that bring jobs and industry back to
our shores
Energy Cancel job killing restrictions on the production of American
energy, to create million of high paying jobs
Immigration Direct Department of Labor to investigate all abuses of visa
programs that undercut American workers
Regulation Formulate rule that says for every one new regulation that is
introduced, two old regulations must be eliminated
National Security Ask DoD & Chairman of Joint Chiefs of Staff to develop a plan to
protect America's infrastructure from cyber attacks
Ethics reform Impose five year ban on executive officials becoming lobbyists
after leaving the administration; lifetime ban on executive
officials lobbying on behalf of a foreign government
Repeal and Replace Obamacare
Middle Class Tax Relief Act
Fully-funds construction of a wall on southern border;
a 2-year minimum prison sentence for illegally re-
entering
End Illegal Immigration Act
Restoring Communities Act
Create a Task Force On Violent Crime; increasing funding for
programs that train and assist local police; federal law
enforcement agencies and prosecutors
American Energy & Infrastructure Act
Leverage public-private partnerships, and private
investments through tax incentives, to spur $1 trillion in
infrastructure investment over 10 years.
School Choice and Education Opportunity Act Give parents the right to send kids to public, private, charter,
magnet, religious, home school of choice. Ends common
core,
An economic plan to grow the economy 4% per year;
create at least 25 million new jobs through massive tax
reduction and simplification, trade reform, regulatory relief.
Executive Orders Legislative Action w/ Congress
National Restaurant Association • Restaurant.org
Top Federal Labor-Workforce Issues
• Healthcare
• Overtime Rule
• Joint Employer Rule
• Immigration Reform
7
National Restaurant Association • Restaurant.org
Healthcare Reform
• Replacing the Affordable Care Act Will Take Time
• Disagreement within Republican Caucus and between
Republicans and Democrats
• Working with HHS and Congress to reduce the cost of
health insurance and promote flexible market solutions
• Address reporting and compliance issues that have
added cost to restaurant bottom lines and reduced
employment flexibility
8
National Restaurant Association • Restaurant.org
Overtime Rule
• Final rule published May 2016
• Increased the salary threshold for exempt employees to
$47,476 a year from $23,660; automatic increases every
3 years.
• Currently on hold
– Nationwide temporary injunction granted November
2016
• Incoming Secretary Acosta’s views
9
National Restaurant Association • Restaurant.org
Joint Employer Rule
• NLRB 2015 Browning-Ferris decision – held that two companies
could be considered joint employers through indirect and potential
control of employees.
• Reverses nearly 30 years of labor law.
• Previously actual or direct control over employees and essential
terms of employment.
• Expanded scope of joint employer liability for small businesses.
• NRA pursuing a legislative fix to codify the “direct control” standard.
10
National Restaurant Association • Restaurant.org
Immigration Reform
• President Trump Executive Orders – Border Security (Border wall)
– Interior Enforcement
– Travel Ban (“extreme vetting”)
– “Buy American, Hire American” (government procurement, H-1B visas)
• President Budget Request - $15M for E-verify
• NRA Industry Principles – An efficient, reliable federal employment verification system
– Improved border security that still promotes travel and tourism
– A new essential worker program for the service sector
11
National Restaurant Association • Restaurant.org
Key Administration Players
• Tom Price, Secretary, U.S. Health and Human Services
– Former Congressman from Georgia’s 6th Congressional District
– Physician by training
– Key opponent of the Affordable Care Act
• Alexander Acosta, Nominee for Secretary of the U.S. Department of Labor
– Previously held 3 senate-confirmed positions under President Bush (NLRB Board Member; Attorney General for Civil Rights Division at DOJ; U.S. Attorney in Miami)
– Currently serving as Dean of the Florida International University Law School
– Confirmation hearing; final vote expected this week
• Philip Miscimarra, Chairman, National Labor Relations Board
– Appointed Chairman on April 21st
– Currently sole Republican on the Board
– Board Member since 2013
– Former management-side labor attorney in private practice at Morgan Lewis
12
National Restaurant Association • Restaurant.org
Major State/Local Trends
• Minimum Wage
• Restrictive Scheduling
13
National Restaurant Association • Restaurant.org
Minimum Wage
• $15 is the New $10
• $20 by 2020?
• In the absence of federal action, all advocacy is at
state/local Level
• Indexed to Inflation
National Restaurant Association • Restaurant.org
Minimum Wage Increases by State • California $15.00 by 2020
• New Jersey $ 8.38 by 2015
• Delaware $ 8.25 by 2015
• New York $15.00 by 2018
• Connecticut $10.10 by 2017
• Rhode Island $ 9.60 by 2016
• Washington, DC $11.50 by 2016
• Alaska $ 9.75 by 2016
• South Dakota $ 8.50 by 2015
• Arkansas $ 8.50 by 2017
• Nebraska $ 9.00 by 2016
• Minnesota $ 9.50 by 2016
• Michigan $ 9.25 by 2018
• West Virginia $ 8.75 by 2016
• Maryland $10.10 by 2018
• Vermont $10.50 by 2018
• Massachusetts $11.00 by 2017
• Hawaii $10.10 by 2018
• Oregon $14.75 by 2022
• Colorado $12.00 by 2020
• Arizona $12.00 by 2020
• Maine $12.00 by 2020
• Washington $13.50 by 2020
National Restaurant Association • Restaurant.org
Restrictive Scheduling Legislation
• Enacted in San Francisco (Seattle effective in July
2017)
– Applies only to chain restaurant and retail workers
– Requires offering more hours to existing workers before hiring
part time workers
– Mandates advanced notice for scheduling employees – 2 weeks
• Outstanding Legislation in New York City
• 2017 Expectations
– Statewide Fights: CA, OR, CT, and MA
National Restaurant Association • Restaurant.org
National Restaurant Association Educational Foundation
Workforce Training Initiatives
ProStart • A high school career and technical education program teaching culinary arts and
restaurant management fundamentals.
• Gives students a platform to discover and develop new interests and talents
• Teaches employability skills, i.e., teamwork, professional behavior, time management,
communication, etc.
Apprenticeship • The U.S. Department of Labor Office of Apprenticeship awarded the National
Restaurant Association Educational Foundation a $1.8 million contract to create a
federally registered hospitality apprenticeship program for the restaurant, foodservice
and hospitality industry.
• Together with the American Hotel & Lodging Association
• First-ever apprenticeship program – the Hospitality Sector Registered Apprenticeship
(HSRA) project will be offered to career-minded individuals seeking management
positions
17
National Restaurant Association • Restaurant.org
Thank You!
Contact Information:
• Stephanie Childs [email protected]
• Shannon Meade [email protected]
18